Do not implement the Citizenship Act: Supreme Court

The Supreme Court has issued an interim order not to immediately implement the Citizenship Bill approved by the President.

A single bench of Judge Manoj Kumar Sharma heard the case and issued a short-term interim order to the government not to immediately implement the Citizenship Act, which was approved by President Ramchandra Paudel.

The Supreme Court has called both sides for further discussion. The government has already published the Citizenship Act in the Gazette.

Last Thursday, senior advocates Dr. Surendra Bhandari and Balkrishna Neupane filed separate writs in the Supreme Court. After President Paudel certified the ‘controversial’ citizenship bill on Wednesday, a writ was filed in the court. In the writ, President Paudel and Sheetal Niwas have been made opponents.

Earlier, the then President Bidhya Devi Bhandari returned the bill, which was passed by both houses of the Federal Parliament and sent for verification, with a 15-point message. But after that, the then Congress-Maoist coalition decided to pass it through the Parliament without amending any of the points, and after it was passed by the majority, the bill was stuck in the President’s office.

After President Poudel approved the bill that was returned to the previous federal parliament, major opposition parties are protesting against the bill.

What is the new provision in the Citizenship Bill?

The controversial Citizenship Bill has been passed by President Paudel. Controversy has increased between the political parties because the bill returned by the former president was passed by bypassing the parliament. UML has said that it is not natural for the bill to be passed in violation of parliamentary dignity during the Prime Minister’s visit to India by including outdated and erroneous provision.

According to the Citizenship Bill passed by President Paudel, the children of the first born will get the citizenship of the descendants.

In the same way, the bill also includes provisions for citizenship in the mother’s name after self-declaration and for non-resident Nepalese to obtain citizenship.

With the approval of this bill, now the children of the birth parents will get the citizenship of the descendants. Now, a person who was born in Nepal to a Nepali mother and settled here, but whose father is not identified, will get citizenship under mother’s name if he declared.

The bill also provides for foreign women who marry Nepali men to get naturalized citizenship immediately.

In the same way, the path has been opened for non-resident Nepalese to get citizenship, so that they can exercise rights other than political and administrative.

Q

UML’s disagreement with the Citizenship Bill

The main opposition CPN-UML expressed its disagreement with the certification of the Citizenship Bill.

CPN-UML General Secretary Shankar Pokharel has given an explanation after a confusion been created on the UML’s objection about the citizenship bill and about the ordinance that UML was trying to put forward .

While giving an explanation, he said that his party believes that at least the same system should be maintained between India and Nepal in terms of Matrimonial adoption. He said that the current provision in India is that citizenship is acquired within 7 years of marriage and in Nepal, citizenship is acquired immediately after marriage.

Similarly, he said that the constitution provides for the citizenship system to reveal the territorial identity, but it is not included in the current bill. Similarly, he has said that his party disagrees with the bill because it has ignored the parliamentary process.

He also said that it is not a natural process to prove the flawed and incomplete bill without entering into the parliament and without entering into the serious questions raised constitutionally by the former president.
He also said that the old inactive bill passed through the backdoor on the event of PM’s visit to India is not a naturally driven process.

Citizenship Bill approved by the President

May 31 , Kathmandu: President Ramchandra Paudel has approved the bill to amend the Nepal Citizenship Act, 2063.

Earlier, the Citizenship Bill, which was passed by both houses of the Federal Parliament and sent to President Bidya Devi Bhandari for verification, was returned without verification.

Although there is a dispute between the ruling party and the opposition regarding the Citizenship Bill, the Council of Ministers meeting held on May 26 decided to request President Paudel to certify the Citizenship Bill, which has been passed by both houses of Parliament.

Supreme Court issued a show cause order to President’s Office

The Supreme Court has issued a show cause order in the name of the Office of the President while hearing a writ petition against the President’s action registered in the Supreme Court for not validating the Citizenship Bill.

A single bench of Justice Hari Prasad Phuyal ordered the President’s Office to submit reasons for not validating the Citizenship Bill. Five writ petitions against the President’s action were taken up together today.

Case against the President’s action in the bench of Justice Fuyal

A writ petition against the President’s action, which was registered in the Supreme Court for not validating the Citizenship Bill, has been submitted to the bench of Justice Hari Phuyal.

Five cases have been filed in the Supreme Court against President Bidya Devi Bhandari for not fulfilling her constitutional obligations. The writs, which have been filed together, have been placed at number 8 of Phuyal’s bench.

The petition filed by Advocate Sunilranjan Singh and Advocate Sagar Baral, Sunil Kumar Yadav, Dev Sharma and Sonu Rauniar has been filed together. In their registered petition, they demanded that a writ should be issued by the Supreme Court in the name of the President to validate the bill.

Petition filed in Court against the President’s move

A writ has been registered in the Supreme Court against President Bidya Devi Bhandari, saying that she violated the Constitution by not validating the Citizenship Bill.

Advocate Sunil Ranjan Singh has made the office of the President an opposition in the petition, demanding to verify the citizenship bill.

Stating that President Bhandari did not certify the Citizenship Bill as per the constitutional provision, Singh has demanded to rule out the decision of the President and issue an order to verify the bill.

President Bhandari didn’t ratify the citizenship bill

The Citizenship Bill sent by the Parliament to President Bidhya Devi Bhandari has not been verified for the second time either.

After the bill passed by the Parliament for the second time, the time to verify the Citizenship Bill, submitted to the President through the Speaker, has exceeded 15 days on Tuesday night at 12:00. There is a constitutional provision that the President must verify the bill coming for re-verification within 15 days.

The Citizenship Bill, which was sent for verification for the first time, was returned to Parliament for reconsideration by President Bidhya Devi Bhandari. The returned Citizenship Bill passed without any amendment, was actually sent to the President’s Office for re-certification for the second time and even could not be verified after exceeding the time limit.

A source close to the President said, “According to the Constitution, the President is the protector of the Constitution. So the President should be responsible, even for every full stop and commas of the Constitution. The constitution has not given the right to the top leaders of the alliance to decide on the bill sitting on Baluwatar, which the president actually sent to the parliament for reconsideration and the provisions of the bill were not reconsidered even though they were suggested to be corrected by referring to the clauses that were against the constitution.So, the President might have exercised her rights to protect the Constitution in respect of the Bill.”

Citizenship Bill sent to the President for re-verification

The Citizenship Bill returned to Parliament for reconsideration by President Bidya Devi Bhandari has been passed without any amendments and sent to the President’s Office for re-verification.

The Citizenship Bill passed by the National Assembly and the House of Representatives was certified by Speaker Agni Prasad Sapkota and sent to the President’s Office for re-verification.

There is a constitutional provision that the bill coming for re-verification must be verified by the President within 15 days. President does not hold any legal right to return the bill that came for re-verification.

Citizenship Bill passed by the National Assembly without amendments

The National Assembly has passed the Citizenship Bill without any amendments.

The Citizenship Bill, which was returned with a message from the President for reconsideration was passed by the House of Representatives with no changes to its previous content and presented to the National Assembly.

The previous meeting of the National Assembly unanimously passed a resolution to refer the Bill to the Legislative Committee for a discussion and the Legislative Committee meeting also passed the Citizenship Bill without any amendments.

Earlier, the Legislative Committee presented the bill with the report to the National Assembly.

Citizenship Bill passed by the Legislature Committee without any amendments

The Citizenship Bill has been passed by the Legislation Committee of the National Assembly without any amendments.

The Citizenship Bill, which was returned with a message from the President for reconsideration was passed by the House of Representatives with no changes to its previous content and presented to the National Assembly. The previous meeting of the National Assembly unanimously passed a resolution to refer the Bill to the Legislative Committee for a discussion. The Legislative Committee meeting today passed the Citizenship Bill without any amendments.

Despite the written disagreement of the UML, the majority of the ruling coalition party has passed the bill. It is said that the Legislative Committee will present the bill with a report at the National Assembly meeting on Thursday.

Citizenship Bill In the Legislative Management Committee

The Citizenship Bill, which was returned with a message from the President for reconsideration, has been sent by the National Assembly to the Legislation Management Committee for discussion.

In the meeting of the National Assembly held today, the proposal of Home Minister Balkrishna Khand was unanimously approved to send the citizenship bill to the Legislation Management Committee.

The Citizenship Bill will now be discussed in the Legislation Management Committee of the National Assembly and submitted to the Assembly again along with the report of the committee.

The next meeting of the National Assembly will be held on Bhadra 16 2079 BS.

Citizenship Bill again in National Assembly

The letter received from the President’s Office regarding the Citizenship Bill returned for reconsideration by honourable President Bidya Devi Bhandari will be presented in today’s meeting of the National Assembly.

Today’s meeting at 1:01 p.m. has an agenda for the National Assembly Secretary Rajendra Phuyal to inform about the returned bill with a message from the President. Similarly, it is mentioned in today’s agenda that Phuyal will also inform about the message received from the House of Representatives regarding the Citizenship Bill. After that, the discussion on the Citizenship Bill will proceed in the National Assembly.

The Citizenship Bill, which was sent back for reconsideration by President Bidya Devi Bhandari with a 15-point message, was passed by the House of Representatives on the 2nd of Bhadra and sent to the National Assembly.

If the Bill is again passed by the Parliament and sent to the President for approval, this time the constitutional right to withdraw the Bill is not given to the President.

The returned Citizenship Bill in today’s Parliament session

The 55th meeting under the House of Representatives’ eleventh session is today at 11 am.


According to the Secretariat of the Parliament, the matter of informing about the Citizenship Bill, which was returned with a message from the President, has been included in today’s Parliament meeting agenda.

In the first number of the possible agenda of today’s meeting of the House of Representatives, it is mentioned that the Secretary of the House of Representatives will inform regarding the return of the Citizenship Bill with a message for reconsideration from the Honorable President.

Full text of the Citizenship Bill with a return message from the President:

Citizenship Bill unanimously approved by the National Assembly

Today’s meeting of the National Assembly has unanimously approved the proposal to consider the Nepal Citizenship (First Amendment) Bill, 2079 received with a message from the House of Representatives.

After the proposal is approved unanimously, according to rule 106 of the National Assembly Rules 2075, the parliamentarians can register the amendment proposal in the bill branch under the National Assembly.

The next meeting of the National Assembly is scheduled to be held on Thursday 28th July at 11 am.

Citizenship Bill in the National Assembly


Nepal Citizenship (First Amendment) Bill 2079 has been tabled in today’s meeting of the National Assembly.

The Nepal Citizenship (First Amendment) Bill, 2079, received with a message from the House of Representatives, was presented by Rajendra Phuyal, Secretary of the National Assembly, in today’s meeting.

Similarly, the message from the House of Representatives regarding the Nepal Engineering Council (First Amendment) Bill 2076 and Senior Citizens (First Amendment) Bill 2075 was also presented in today’s meeting.